Won Small Claims...now what?

deethebee

DoaM wrote: »

Why didn't you raise a Section 75 claim against the finance company?

But if she did this, then it would be the finance company that loses out and not the trader, no? Credit companies often pay the traders in full when you make a purchase and then you're in debt to them so I'm not sure this would be a fair move.

DoaM

Fair? Maybe not, but then again S75 is a legal mechanism and credit providers are well aware of their obligations and the risks, so this is factored into their interest rates and other charges. Why should the OP (a consumer) be out of pocket?

deethebee

DoaM wrote: »

Fair? Maybe not, but then again S75 is a legal mechanism and credit providers are well aware of their obligations and the risks, so this is factored into their interest rates and other charges. Why should the OP (a consumer) be out of pocket?

You're right, she shouldn't be. I just figured some people may not want to go this route as in the end the trader still keeps the money. But if it's just about getting her money back it's a good option.

George_Michael

I think an S75 claim would make perfect sense.

If successful, the finance company would pay out and may well attempt to recover the money from the trader.
It's a fair bet that the finance Co would have a legal team either on their payroll or on a retainer and they would probably have a better chance than the OP of getting their money from the trader as this is something that they may have to do fairly regularly.

unholyangel

bris wrote: »

You can hold the owner personally liable as they are not Ltd. Send in the bailiffs.

Not as simple as that - we've been told OPs judgement is against the "company" that isn't on companies house so technically isn't a company at all and doesn't exist in order to enforce judgement against them.

deethebee wrote: »

But if she did this, then it would be the finance company that loses out and not the trader, no? Credit companies often pay the traders in full when you make a purchase and then you're in debt to them so I'm not sure this would be a fair move.

(2)Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.

Of course whether the creditor enforces this, is up to them.

knightstyle

Hit them where it hurts. Some years ago I towed my car onto the road outside the garage with a big sign on it saying do not buy from ****** or you may end up with broken car like this.
Make sure the car is legally parked and get local press to take a pic. if you can.
In my case the garage removed the car from the road so I called the police and reported the car stolen!
Eventually I got all my money back.

steampowered

Directors can't just move assets from one company to another to avoid payment. Not legally, in any case.

That would trigger personal liability for the director due to a transaction defrauding creditors under s423 Insolvency Act 1986.

You may well still be able to pursue this debt. It just starts becoming more difficult and long winded if the company you dealt with has been wound up.

Personally I would try s75 against the finance company first. If s75 applies this will be the most pain-free route - the finance company can't really dispute liability given that you have a CCJ. The finance company probably has a personal guarantee from the director.

If that doesn't work, it could be worth sending in HCEOs.

If that doesn't work, you can think about suing the director personally or the new garage company under the Insolvency Act. This would be a pain as you'd have to start the court process all over again but at least you'd end up with a CCJ against the correct entity.